Bob Evans Class Action Says Mashed Potatoes Don’t Contain Real Butter

Bob Evans mashed potatoes don’t actually contain real butter as is advertised on the label, according to a recent class action lawsuit.

After reportedly discovering that Bob Evans mashed potato products do not contain real butter, plaintiff Boubacar Sarr filed the class action lawsuit alleging that the products’ labeling is deceptive and unlawful.

Bob Evans potatoes are available in a variety of flavors including: Original; Garlic; Sour Cream & Chives; Sweet Potatoes; Buttermilk Red Skin; Loaded; Savory Romano & Herb; and Broccoli & Cheese.

The labeling for these potato products clearly states on the front of the package that it is “made with real potatoes, milk & butter.” However, Sarr says this representation is false.

According to the Bob Evans class action lawsuit, the ingredients list for Bob Evans potatoes shows that the products include a “butter blend” made from milk, butter, soybean oil, canola oil, salt, natural flavor, and monoglycerides.

Sarr argues that the inclusion of vegetable oils and other ingredients in the butter blend decreases the quality of the product, especially when considering that consumers believe their potatoes contain real, unaltered butter.

“Plaintiff reasonably believed based on defendant’s representations that the Products contained butter and not vegetable oils, were fresh, and did not contain artificial ingredients,” the Bob Evans class action claims.

Sarr details the long standing rivalry between butter and vegetable oil margarine and claims that butter is the better of the two products.

The Bob Evans mashed potatoes class action lawsuit notes that while margarine contains a variety of artificial ingredients, butter is made only from cream and sometimes salt. These understandable ingredients appeal far more to consumers and are generally the preferred option.

The Bob Evans class action argues that the labeling for the potato products deceived customers and misrepresents the products “by highlighting butter, giving consumers the impression that they only contained butter to the exclusion of non-dairy based fat ingredients, since consumers do not use butter and vegetable oils on mashed potatoes.”

The company allegedly uses the imagery and reputation of butter to draw consumer in, when in reality they are cutting corners and using a butter-margarine blend.

Sarr also claims that BEF Foods Inc.’s actions were motivated by the desire to increase their market share among competitors and make a larger profit. However, this profit was allegedly made to the “detriment and impoverishment” of Sarr and putative Class Members.

In the Bob Evans class action lawsuit, Sarr brings claims of negligent misrepresentation, breach of express warranty, breach of implied warranty of merchantability, fraud, unjust enrichment and violation of New York consumer protection laws.

The plaintiff seeks to represent a Class of consumers who purchased Bob Evans potato products within the applicable statutes of limitations. Sarr also seeks to represent a Class of the same consumers in New York.

The Bob Evans class action lawsuit seeks monetary damages, treble damages, punitive damages, court costs, and attorneys’ fees.

Sarr is represented by Spencer Sheehan of Sheehan & Associates PC and by Joshua Levin-Epstein of Levin-Epistein & Associates PC.

The Bob Evans Mashed Potatoes “Real” Butter Class Action Lawsuit is Sarr v. BEF Foods Inc., Case No. 1:18-cv-06409, in the U.S. District Court for the Eastern District of New York.

UPDATE: On Feb. 11, 2020, a federal judge tossed a class action alleging Bob Evans Mashed Potatoes are falsely advertised as being made with fresh potatoes and real butter.